Trends in Long-Term Care - U.S. Senate Special Committee on Aging

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Senator Moss. I have not read <strong>in</strong> full detail this op<strong>in</strong>ion from the
State court; however, I understood it only went to the State comnission's
right to subpena on crim<strong>in</strong>al matters.
Mr. MIOIK1INNEY. Of course, that is true, Senator Moss, but it <strong>in</strong>volves
some of the same material which has been subpenaed here today,
and we do request a few days to analyze the issues raised by the
State's op<strong>in</strong>ion yesterday, as they may apply to this subpena.
Senator Moss. Well, I would th<strong>in</strong>k we could allow maybe a week's
extension.
Mr. McIVN-EY. Thank you, sir.
Senator Moss. So we expect you to comply with<strong>in</strong> a week from
today.
Mr. McKINSEY. Thank you very much.
Mr. HALAMANDARIs. The rema<strong>in</strong><strong>in</strong>g counsel, Mr. John Joseph Cassidy,
represent<strong>in</strong>g Bernard Bergman, for the Park Crescent Nurs<strong>in</strong>g
Home, Riviera Furniture Co., and the Towers Nurs<strong>in</strong>g Home.
Mr. LEWIN. May I approach the microphone?
Mr. HALAMANADARIS. Please do.
Mr. LEWIN. Mr. Chairman, my name is Nathan Lew<strong>in</strong>, I am attorney
for Bernard Bergman, and the Bergman family, and the Towers
and Park Crescent Nurs<strong>in</strong>g Homes.
Dr. Bergman was served with the subpena to be here today, and he
will be here this afternoon.
The Park Crescent and Towers Nurs<strong>in</strong>g Homes have pursuant to
discussions with the members of your staff, compiled their records, and
have them available for transmission to the committee.
However, as I entered the committee room this morn<strong>in</strong>g, and as I
view the bench that sits before me, I must raise serious questions about
the legality and the constitutionality of this committee.
Mr. HALANEANDARIS. Our agreement stands, the only question<strong>in</strong>g of
Dr. Bergman will be by myself and John Edie, also a member of our
committee staff, representative members of this committee, and Senator
Moss.
That is our agreement, and we are duly constituted here as the <strong>Senate</strong>
Subcommittee on <strong>Long</strong>-<strong>Term</strong> <strong>Care</strong>.
Mr. LEWIN. Mr. Chairman, I th<strong>in</strong>k <strong>in</strong> correspondence with you, our
law firm called attention to the fact that here <strong>in</strong> New York, there has
been conducted what <strong>in</strong> our view is a very substantial malevolent
vendetta aga<strong>in</strong>st our client.
We requested <strong>in</strong> that regard, therefore, that it be a correction of
proposed plans for this committee hear<strong>in</strong>g, so that the chief participant
<strong>in</strong> that activity, Assemblyman Ste<strong>in</strong>, I th<strong>in</strong>k for the record,
should be noted is sitt<strong>in</strong>g on your right, where I suppose a Senator
would sit, if there was another Senator on the subcommittee.
Assemblyman Andrew Ste<strong>in</strong> should not be a member of the committee
that is sitt<strong>in</strong>g here this morn<strong>in</strong>g. I believe the fact that Assemnblymnan
Ste<strong>in</strong> has been <strong>in</strong>troduced by you, he has been given an
opportunity to make an open<strong>in</strong>g statement, not as a witness, but from
all appearances as a member of the committee, that he sits, I th<strong>in</strong>k
where a Senator would sit, or a member of the committee staff would
sit, presents certa<strong>in</strong>ly from our client's vantage po<strong>in</strong>t a substantial
possibility that the very <strong>in</strong>dividual who a State court judge found
yesterday was engaged <strong>in</strong> what he called a rov<strong>in</strong>g commission, simply